beta
(영문) 전주지방법원 2015.08.20 2014고단1554

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 17, 2014, the Defendant: (a) around 20:00, on the ground that the Victim E (54) who was aware of the usual e (54) was the Defendant’s horse at the D restaurant located in Yansan-si, Yan-si, Yan-si, and (b) at around 20:0, the Defendant took 5 times back the victim’s head epanty, which is a dangerous thing in the main room, and took 10 times the victim’s face and head eth, which is a food.

Accordingly, the defendant, while carrying dangerous objects, inflicted bodily injury on the victim, such as snow grass and open wound around snow that require treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Report on occurrence of a crime;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts

1. Determination on the assertion of the defendant and his/her defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The summary of the assertion was drunk, and the Defendant committed the instant crime in a state of mental and physical disability.

2. The facts and result of the instant case, in full view of all the circumstances, including the Defendant’s act before and after the commission of the crime, the circumstances after the commission of the crime, etc., it does not seem that the Defendant was in a state that he did not have or lacks

3. Accordingly, we cannot accept the above argument of the defendant and his defense counsel.

Reasons for sentencing

1. From six months to fifteen years, the scope of applicable sentences in law; and

2. Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury), (Special Bodily Injury), (Special Bodily Injury), which is the scope of the recommended sentence according to the sentencing guidelines (decision of type of punishment) (Special Sentencing), which is the mitigated area (decision of the recommended area) or where considerable damage has been recovered (including serious efforts to recover damage), which is the mitigated area;